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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Al-Ijtima`i: International Journal of Government and Social Science Journal of Sharia and Legal Science
Yuswalina
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Sanksi Bagi Pelaku Ojek Online Yang Melakukan Order Fiktif Menggunakan Aplikasi “Fiktif” Nur Muhammad Wildanu; Yuswalina; Dodi Irawan
Journal of Sharia and Legal Science Vol. 1 No. 2 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i2.176

Abstract

Advances in transportation at this time is the existence of online transportation. This provides convenience to the community. However, this is also used by people who want to get benefits in the wrong way, such as placing fictitious orders. Therefore, this paper examines the sanctions for the perpetrators of these fictitious orders, both in positive law and Islamic criminal law. The type of data in this study is a type of library research (library research) while the data analysis technique is a normative juridical method, namely compiling systematically, connecting one another related to the problems studied with the enactment of laws and regulations. The results of this study concluded that the sanctions against online motorcycle taxi drivers who make fictitious orders using fictitious applications are in accordance with Law No. 19 of 2016 concerning Electronic and Transaction Information, namely imprisonment for a maximum of 8 (eight) years in prison and a maximum fine of Rp. 800,000,000 (eight hundred million rupiah) and in Article 378 of the Criminal Code it is included in fraud and is subject to imprisonment for a maximum of 4 (four) years. According to Islamic criminal law, online motorcycle taxi drivers who make fictitious orders using this fictitious application are subject to ta'zir punishment, namely punishments that have not been determined either in the Qur'an or hadith. Because the punishment is to create a deterrent effect so as not to repeat it. This act is an act of fraud.
Embracing E-Court Innovation: Advancing Maslahah Mursalah in Indonesia's Religious Courts Yusnita, Eti; Yuswalina; Toriq, Muhammad
Nurani Vol 24 No 2 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i2.24744

Abstract

In this modern age, online litigation has become a game-changer in streamlining the judicial process. To embrace this transformation, Indonesia's Supreme Court has implemented an e-court system, governed by the Supreme Court Regulation, to boost efficiency and accessibility in the legal landscape. This study sets out to explore the advancements of the e-court system within Indonesia's Religious Courts, delving into the key factors driving its growth and shaping its implementation, with a focus on the concept of maslahah mursalah (public welfare). This study adopts a qualitative research approach, utilizing descriptive analysis and drawing upon both primary and secondary data sources. The findings highlight that while the e-court system largely aligns with existing regulations, hurdles like inadequate network infrastructure and limited public digital literacy persist. Nevertheless, the system brings substantial advantages, paving the way for meaningful progress, including lower costs, remote access to court services, and simplified processes. Key features such as e-filing, e-payment, e-summons, and e-litigation increase accessibility and convenience. Digital transformation reflects the issue of ensuring more efficient and cost-effective services. Factors that influence include cost savings from paperless processes, the ability to file cases remotely, technological literacy issues, and internet connectivity challenges in some areas. Overall, e-court systems align with societal welfare by enhancing the accessibility and affordability of legal services.
Basodo: Tradisi Pemberian Uang Kondangan pada Pasangan Pengantin Ardila, Nike; Vera, Vety; Yuswalina; Areza, Chelsea Zia; Pranata, Eka Octavian; Smaradhani, Ika Indah
Al-Ijtima`i: International Journal of Government and Social Science Vol. 11 No. 1 (2025): Al-Ijtima`i: International Journal of Government and Social Science
Publisher : Fakultas Ilmu Sosial dan Ilmu Pemerintahan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jai.v11i1.8678

Abstract

This study examines the tradition of giving wedding money to newlyweds, known locally as basodo, from the perspective of Islamic Economic Law. The practice, which has been passed down through generations in Ngulak Village, Sanga Desa District, reflects a social form of cooperation and solidarity among community members. However, differences in intention and purpose have led to two distinct legal understandings of the practice. Using a qualitative field research approach, data were collected through observation, interviews with community leaders and residents, and documentation of gift records. The findings reveal that the basodo tradition in Ngulak Village consists of two types of contracts. The first type, when given sincerely without expecting any return, is categorized as a hibah (grant). The second, when accompanied by an expectation of repayment during future social events, corresponds to a qardh (loan) contract. Both contracts are valid under Islamic law as long as they fulfill the pillars and conditions of mutual consent, sincerity, and absence of usury or coercion. Nevertheless, when the practice is influenced by social pressure or material expectation, it deviates from the Islamic principles of voluntarism (ikhlas) and mutual assistance (ta‘awun). Therefore, this study concludes that the basodo tradition remains permissible within Islamic Economic Law if carried out with sincere intention and willingness. The study also suggests strengthening community understanding of hibah and qardh concepts to ensure that customary practices continue to reflect the ethical and moral values of Islam.
Co-Authors ARDILA, NIKE Areza, Chelsea Zia Dodi Irawan Eka Octavian Pranata Nur Muhammad Wildanu Smaradhani, Ika Indah Toriq, Muhammad Vera, Vety Yusnita, Eti